Were we to consider only the evidence cited by counsel for Spinharney, the decision in this case would not be a difficult one. In summarizing the testimony given in the depositions of the nine known eyewitnesses, defense counsel have painted a persuasive picture justifying Spinharney's use of deadly force. This analysis, which finds some support in the record, suggests that Spinharney was being confronted by Zuchel, a disturbed and disoriented transient, in a menacing fashion. As Zuchel began walking toward Officer Spinharney he was threatening to kill one of the teenagers. Depo. of Officer Spinharney at 60; Depo. of Officer Rathburn at 59. Zuchel continued to move toward Officer Spinharney, “cussing” and “cursing” at him and said to the officer, “you'll have to kill me.” Depo. of Officer Rathburn at 60; Depo. of Christopher Hartman at 18. As Zuchel began to move closer to Officer Spinharney, the officer took a step back. Depo. of Officer Spinharney at 67. Despite the fact that Zuchel was told to drop the “knife” at least three times, Depo. of Hartman at 17; Depo. of Ronnie Sanchez at 16–17; Depo. of David Joseph Blea at 24, he nevertheless continued to charge Spinharney, jabbing at him in a threatening fashion. Depo. of Rathburn at 75. According to the testimony relied upon by Spinharney, he held his fire until Zuchel was three and one half feet away, at which time the officer fired his weapon. Depo. of Hartman at 19. Zuchel allegedly continued toward Spinharney after the first, second and third shots. Depo. of Sanchez at 25–26; Depo. of Ortiz at 34; Depo. of Spinharney at 89–90. According to one eyewitness, Zuchel was two feet from Officer Spinharney when the fourth shot caused him to fall. Depo. of Ortiz at 37.